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Jodi Arias jury can't decide on death penalty

PHOENIX -- It was almost over. A little more than an hour into deliberations Wednesday, the jury in the Jodi Arias murder trial told the judge that it had a question: If they couldn't reach a unanimous

Jodi Arias jury can't decide on death penalty

The Jodi Arias penalty deliberations took a turn as the jury said they were unable to come to a decision.

Jodi Arias stands as the jury enters the courtroom on Wednesday, May 22, 2013, during the penalty phase of her murder trial at Maricopa County Superior Court in Phoenix.(Photo: Rob Schumacher, The Arizona Republic)

Story Highlights

After jury reports impasse, judge tells them to keep trying

In hung jury, prosecutors must decide whether to hold new sentencing hearing

A little more than an hour into deliberations Wednesday, the jury in the Jodi Arias murder trial told the judge that it had a question: If they couldn't reach a unanimous decision on whether to sentence Arias to death or to life in prison for the 2008 murder of her lover, Travis Alexander, should they write it on a jury question form or just tell her?

They were at an impasse.

Judge Sherry Stephens called them into the courtroom and read them a standard "impasse instruction," asking them to go back to try again.

But when 4:30 p.m. rolled around, the jurors still had not reached any decision and went home for the night. They will return Thursday at 10 a.m. MST.

Arias, 32, has been on trial since Jan. 2. On May 8, the jury decided that she was guilty of first-degree murder, and the next week determined that the murder had been committed in an especially cruel manner, making her eligible for the death penalty. The prosecution and defense attorneys finished their arguments Tuesday over whether Arias deserved life or death, and it went to the jury at 3 p.m. that day.

Although it was a lengthy trial, the jury reached rapid conclusions on guilt and the single aggravating factor, and it was widely expected that they would quickly bring back a death verdict.

They still may. But the rapid impasse suggests a difference of opinion over life and death.

In the event of a hung jury, the judge will declare a mistrial in the penalty phase, and the jury will be dismissed.

The first-degree murder conviction would stand, as would the finding of aggravation. The County Attorney's Office would then have to decide whether to persist in its attempt to seek the death penalty against Arias or settle for a life sentence to avoid a new sentencing hearing.

Though the County Attorney's Office has not revealed the cost of its prosecution, claiming it is built into the annual budget, the defense alone has already amounted to nearly $1.7 million over five years.

If prosecutors decide to go forward, a new jury would have to be seated, though it could be difficult to find impartial jurors for a case that has seen so much notoriety and media saturation.

That new jury would sit through an abbreviated trial as the defense and prosecution present the facts of the case. If the second sentencing trial also ends in hung jury, then Arias would automatically be sentenced to life in prison. The judge would decide if she should be sentenced to natural life or to life with chance of parole after 25 years.